Prenuptial Agreements and the Presumption of Free Choice

Sharon Thompson’s book is a fascinating and timely critical analysis which explores the contested legal space relating to enforceable pre-nuptial agreements in England & Wales and Northern Ireland in the all-important frame of the underpinning power structures which surround them. Examining and challenging the law governing such agreements through the lenses of contractual and feminist theories, her original empirical research into the longer experience of the operation of this area of law in New York, adds a unique practical and comparative dimension to this rich book. -- Professor Anne Barlow, University of Exeter
During my time at the Law Commission I spent a lot of time thinking and writing about pre-nuptial agreements, and became very conscious of the need for robust research on this important subject. Dr Thompson's book, with its wealth of data and analysis, is a most welcome publication. -- Professor Elizabeth Cooke, University of Reading
Comprehensively researched, beautifully written, this book demonstrates with conclusive clarity how prenuptial agreements benefit the richer party to a marriage, to the disadvantage of the poorer, and thus threaten the protective function of English family law. -- Professor Rosemary Auchmuty, University of Reading
Sharon Thompson's Prenuptial Agreements and the Presumption of Free Choice is an excellent addition to our collective understanding of the complex issues of policy and practice surrounding prenups. -- Rob George * Cambridge Law Journal *
This book provides lawyers, non-lawyers and law makers with a wealth of material and data to better secure a fairer outcome for both parties entering a pre-nuptial agreements. I recommend it. -- Ashley Murray Chambers * Family Law *
Using a feminist and contractual theoretical framework, and drawing on an empirical study of the experiences and views of practitioners skilled in the formation and litigation of prenuptial agreements in New York, Thompson seeks to provide a nuanced understanding of the autonomy exercised by parties entering into prenuptial agreements. * Law and Social Inquiry *
Building upon comparative law insights, it is very much hoped that Thompson’s detailed contribution will prompt a re-conceptualisation of autonomy in this specific context and that the use of judicial discretion may exhibit a greater sensitivity to exercises of gendered power. -- Andy Hayward * Journal of Social Welfare and Family Law *